Six in ten people oppose no-fault divorce, NI consultation reveals

Proposals to make divorce quicker and easier in Northern Ireland have been largely rejected by respondents to a consultation.

Department of Finance (DofF) officials told Stormont’s Finance Committee that support for a change in the law “was in a minority”. The consultation, launched by the DofF in June, received 405 responses.

Since 2022, under England and Wales’ Divorce, Dissolution and Separation Act, couples can divorce in six months and a spouse cannot contest the decision — options now being considered by the Department for Finance.

‘Divinely ordained’

Michael Foster, Head of Civil Law Reform at the Department of Finance, said that around 64 or 65 per cent of consultees favoured “no change to the current law”, while 80 per cent believed ‘fault’ “should be retained in some shape or form”.

He reported: “The main reasons for opposition were grounded in views that marriage is a divinely ordained institution, a foundational society contract, and its integrity should be preserved in the public interest.”

“The general concern”, he continued, “was that by making divorce easier, we jeopardise marriage and the family.”

Submissions from “key players” Women’s Aid and the Lady Chief Justice’s Office, he said, backed reform “but stopped short of seeking a no-fault system”. Other supporters of change expressed a range of views, including “shorter separation periods” and “just minor changes” to the current law.

‘Human side’

In an exchange with Committee Chairman Mr Matthew O’Toole MLA, Foster pointed out that Lady Chief Justice Dame Siobhan Keegan does not usually “adopt a view on policy matters”, but had done so in light of the work of the Family Justice Review.

He explained that the Review “brought forward a very robust set of recommendations for the family justice system, and in that there were circumstances in which the report felt that having fault retained as a ground was important.”

Foster said the review called for fault grounds to be retained, for example, to cater for circumstances where a woman who has suffered years of abuse “wishes to have this abuse documented in a public hearing, in front of a court”.

Since the introduction of no-fault divorce in England and Wales, he said, evidence suggests that ‘fault’ was simply being “pushed down the road” into discussions on financial settlements. He added that “whatever system we employ, at the end of the day you are never going to get rid of the human side” in divorce proceedings.

CI response

When the consultation was launched in June, The Christian Institute’s James Kennedy warned: “The reality is that divorce cannot be separated from pain, anger and emotional upheaval, and liberalising the law is likely to make things worse.

“The Department says most divorces in Northern Ireland already proceed on ‘no-fault’ grounds. But retaining ‘fault’ grounds is crucial for those who need legal recognition of serious wrongdoing, such as abuse or adultery. Removing this option will deny many the justice they deserve.

“Accelerating divorce would also be a serious mistake. It risks intensifying tensions and rushes couples into binding decisions while emotions are at their most raw.”

Officials have briefed Finance Minister John O’Dowd. He is expected to indicate “his preferred approach in the next few weeks”. A Bill is not expected before Autumn 2026.